In order to answer this question of whether receiving a pardon still makes you a sex offender in Oklahoma, you must understand what a pardon is and how it functions in the state.
A pardon, once granted, does not remove the underlying conviction. A pardon is a tool to show societal forgiveness. If you were convicted of a sex crime, that conviction still appears on your record, but so does the pardon.
Thus, if you were required to register as a sex offender in Oklahoma as part of the sentence for your underlying crime, you must register, even if a pardon is granted. Okla. Stat. tit. 57 § 584
Failure to register as a sex offender is a felony in Oklahoma and could open you up to further criminal prosecution and jail time.
A Pardon Does Not Erase The Conviction
Unlike an expungement, a pardon does not erase or seal criminal records. Any conviction on your record is still open to public record, but so is the pardon, once it is granted.
A pardon can be useful in other ways. However, it is sometimes a stepping stone to an expungement. A pardon is issued by the governor of Oklahoma. It is an official statement of forgiveness and is a signal to society that a convicted felon is ready to take on the mantle of full citizenship again.
A pardon does not indicate innocence. But it can make it much easier to find a good job and housing. Landlords who may be reluctant to rent to a convicted felon are much more likely to rent to a felon who has been pardoned.
In addition, once granted, a pardon enables you to vote, hold public office, and own and work with firearms if the underlying crime was not a violent crime. Finally, a pardon will allow you to get or keep some professional licenses that would not be open to a convicted felon without a pardon.
Sex Offender Registration in Oklahoma
A convicted sex offender has only three business days to register with the Department of Corrections once released, receiving a suspended sentence, or receiving probation. The offender must provide a home address and must update that address every time he or she moves for the duration specified by their assigned risk level. Okla. Stat. tit. 57 § 583
The risk level is assigned solely on the basis of the underlying crime. Level 1 offenders must register annually for 15 years, level 2 offenders, every 6 months for 25 years, and level 3 offenders must register every 90 days for life. Okla. Stat. tit. 57 § 583
In addition, a convicted sex offender is prohibited from living within 2,000 feet of a school, playground, day care facility, or park or working with children.
Penalties for Failure To Register Are Harsh
Failing to register as a sex offender is a felony punishable by prison time up to five years, a fine of up to $5,000, or both. If you are required to wear a GPS monitoring device, failure to do so could mean up to a year in jail and a fine up to $1,000.
Sex Offender Registry Removal May be Possible
Removal from the registry may be possible for people falling into one of three categories:
- A Level 1 offender who has had a clean record otherwise for a period of 10 years. Level 1 crimes include such offenses as assault with intent to commit felony sexual assault, sexual abuse or exploitation of a child, child endangerment involving sexual abuse, sodomy, indecent exposure, child pornography, and distributing pornography.
- The offender fits under the Starkey Rule (Starkey v. Oklahoma Dept of Corrections 2013 OK 43 305 P.3d 1004). This rule is specific and technical, and it pertains to the unconstitutional retroactive application of sex offender levels and registration requirements. Only an attorney can tell you if you fit under this rule.
- The offender’s crime was consensual statutory rape offense under Okla. Stat. tit. 21 § 1111.1 or 1114. Consensual statutory rape occurs when the parties want to have sex, but one of the parties cannot legally consent to the sex. This is usually because one of the parties is under the legal age to give consent. Okla. Stat. tit. 57 § 590.2
Again, the rules here are somewhat technical and complex. It is best to obtain a legal opinion to see if this might fit your case.
If you have questions about these requirements, or if you have failed to register and are looking for a way to make this right, make sure to contact an experienced criminal defense attorney in the Tulsa area as soon as possible.
Free Consultation: Tulsa Criminal Pardon Attorney
It is important that you get expert help in this highly technical area of the law. An experienced Tulsa attorney can help you move on with your life.
Contact the Tulsa Criminal Defense Law Firm by calling (918) 756-9600, or toll-free at (888) 447-7262.
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